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Chamma, Osman v The Queen; El Houli, Amir v The Queen [2020] VSCA 232

Victorian Court of Appeal
Priest, Beach and T Forrest JJA

Chamma, Osman v The Queen; El Houli, Amir v The Queen

Judgment Date: 
9 September 2020

CRIMINAL LAW - Appeal - Sentence - Sentencing procedure - Principle of parity - Approach to sentencing co-offenders - Theft of a motor vehicle - Conduct endangering serious injury - Damaging property - Verdins considerations - Weighting of mitigating factors - Comparison of mitigating factors of co-offenders - Seriousness of theft of a motor vehicle - Impact of value of property on seriousness of theft - Impact of value of damage on seriousness of offence of damaging property - Weighting of criminal history in sentencing calculus - Comparison of criminal histories of co-offenders - Comparison of personal circumstances of co-offenders - Comparison of seriousness of individual charges in sentencing co-offenders - Impact of institutionalisation on weight of burden of imprisonment - Leave to appeal refused; R v Verdins (2007) 16 VR 279, R v Abdul-Rasool (2008) VR 586, McPhee v The Queen [2014] VSCA 156, Ah-Kau v The Queen [2018] VSCA 296, Nipoe v The Queen [2020] VSCA 137 considered - Crimes Act 1958 ss 23, 74(1) 197(1), Criminal Procedure Act 2009 s 280(1)(b).